Been fired for being sick

skint-student-nurse

my illness can be quite bad at times, and can severely affect my day to day life but at that point,im usually in hospital. I found a covering letter from my employer when my fixed hour contract was changed to a zero hour one. It states that 'we look forward to you joining the team at xx when your circumstances allow you to' as they requested for myself to go back full time once I have had my operation. It also states that 'if you do not work a shift within a 4 month period,we reserve the right to terminate your contract' - my new contract isnt even two months old and I have worked lots of shifts since this new contract.

I should find out today if my illness classes as a disability as I have had the symptoms for a long time,confirmed diagnosis in November and I am waiting on surgery.

My boss is the kind of person where you could be on your death bed (I was at one point seriously ill) and they would still want me at work.

j.e.j.

skint-student-nurse wrote: »

My boss is the kind of person where you could be on your death bed (I was at one point seriously ill) and they would still want me at work.

Then it's perhaps worth looking for another employer once you're fit and well again.

I think teajug makes a valid point re. the government 'making all the right noises' about people who are not 100% fit and healthy being given the opportunity to work.

In reality employers are not philanthropists and a lot of them get away with treating their staff in a worse than Dickensian way. Why? Because they can. If employee X can't come in because they're ill or injured, - get rid and replace them, as they're no longer any use.

Caroline_a

OP, it sounds as if you would have a case against your employer, but on a practical note, even if you got your job back they wouldn't give you any hours. I would question whether it would be in your interests to just move on - the stress of a tribunal, etc is quite high (I've been there) so you have to ask whether it would affect your illness going through that to gain what would probably be very little.

Personally I would move on, get yourself fit, find another job and leave them struggling to fit the shifts you would have covered.

skint-student-nurse

My intention was to move on anyway but I wanted to have secured alternative employment first. All my energy yesterday went into looking for work. I just think its so unfair that I gave them 100% when I did work,often dropped my plans to work at short notice - including changing hospital appointments - and they fire me with no notice, no disciplinary or anything.

It just annoys me that they expected me to know when i was going to be ill and unable to work,i wish i had that power,i really do! I would say more fool them as they now have to pay extra for agency to cover the shifts but apparently this can be classed as a loss and can take me to court for those extra costs,aggghhh!

anamenottaken

teajug wrote: »

The OP said that she spent several days in hospital and peopole are not normally taken into hosptial for no reason she must have been disabled for the several days and probably days after that.

Maybe her employer was of the opinion that she should not have been in hospital and at work instead......

I do not know much about 0 hours contracts.

When we are writing about disability discrimination we aren't writing about days, but at least a year. (An exception is made for those with terminal cancer.) For example, someone with gallstones may be in hospital for a few days but that doesn't make them disabled.

From what the OP has posted, they were definitely sick but may have a disability.

david39

It would seem from the earlier suggestions that even if you won your case, the compensation would be very small and that your employment would effectively end because of the zero hours clause.

But you also need to look at the effect of contesting it on your further work prospects.

"I took my last employer to a tribunal" does not look good on a CV or if it comes out in an interview or in a written reference - however justified, it labels you as "possible troublemaker" in the new employers' eyes.

Also, you will almost certainly need a reference from your ex-current employer. The one they will write for you at the moment will not look too good if they mention your attendance record but, if you contest your current position, it will be even worse, I am sure.

Forget the "You should fight for your rights" or "employers cannot write references that are untrue" advice that might follow. Employers can talk to each other over the telephone without leaving a written record.

Look at the practicality of it all. You've got mixed chances of getting a positive result from contesting, if you win you will get very little and, whatever the outcome, you will have gone through a load of stress and severely compromised your future job prospects - for what?

skint-student-nurse

anamenottaken wrote: »

When we are writing about disability discrimination we aren't writing about days, but at least a year. (An exception is made for those with terminal cancer.) For example, someone with gallstones may be in hospital for a few days but that doesn't make them disabled.

From what the OP has posted, they were definitely sick but may have a disability.

All the sick leave and reasons I was off sick prior to my diagnosis were confirmed by the doctor at the hospital to be linked to the illness I was diagnosed with as it is not something usually checked for and we only found out when they were testing for something else and then it became clear what the issue really was. I have had these symptoms for a long time and I have someone from the disability/equality helpline due to ring me today to clarify if I do,in fact,have a disability.

getmore4less

Putting can they do this to one side.

if it turns outth ey can

IF they have dismissed make sure they pay you correctly.

All accrued holidays

Notice pay.

Even on zero hours this will be based on "week's pay" as definded by the employment act.

If they terminate without notice then the statutory notice applies for length of service.

AIUI non payment of statutory payments can still be dealt with by a tribunal even under 1 years service.

skint-student-nurse

ok, so my notice pay should be an average of my pay from the last 12 weeks? I was told by someone at ACAS last night that if I do not get my holiday pay,etc in my pay next week (paid 4 weekly) then they have breached the contract...

cepheus

david39 wrote: »

"I took my last employer to a tribunal" does not look good on a CV or if it comes out in an interview or in a written reference - however justified, it labels you as "possible troublemaker" in the new employers' eyes.

Also, you will almost certainly need a reference from your ex-current employer. The one they will write for you at the moment will not look too good if they mention your attendance record but, if you contest your current position, it will be even worse, I am sure.

Forget the "You should fight for your rights" or "employers cannot write references that are untrue" advice that might follow. Employers can talk to each other over the telephone without leaving a written record?

All rather depressing reading this. Although I can't fault your logic, it seems to be a charter to discriminate against the ill. Perhaps that is why they think they can get away with it-we will get you back later?

What if blacks, gays, women had had the same attitude?